2014-15 CODE OF STUDENT CONDUCT: STUDENT RIGHTS AND RESPONSIBILITIES

PROCESS FOR THE RESOLUTION OF VIOLATION OF THE CODE OF STUDENT CONDUCT

APPEAL PROCESS

I. STATEMENT OF SHARED RESPONSIBILITY

As an institution “deeply rooted in practical scholarship and principles of social justice expressed as ethical awareness, leadership development, economic progress and civic engagement, Roosevelt University encourages community partnerships and prepares its diverse graduates for responsible citizenship in a global society.” [Roosevelt University Mission Statement.] Students who enter our community make a commitment to actively participate in a caring and socially just atmosphere in which respect for all community members is a priority for maintaining a positive learning environment. Roosevelt University’s entire community is a learning environment. Each community member is responsible to one another for behavior that exhibits an awareness and respect for human dignity and individual differences. The responsibility for maintaining a safe climate that promotes and encourages learning belongs to each of us. Students are expected to value our community and to hold themselves and their peers accountable by accepting responsibility for their individual behavior as well as for the common good.

As members of the Roosevelt University community, students assume obligations of academic performance and conduct reasonably imposed by the institution relevant to its objectives and mission. The purpose of the student conduct process is to assist each student in the development of a responsible lifestyle which is rewarding to the individual student, respectful of the rights of others, and compatible with the legal norms of society. The student conduct process plays a supportive role in the development of responsible student behavior and responsible decision-making. If the behavior of a student conflicts with established University standards, the student conduct process seeks to educate the student about the personal and social consequences of his or her behavior. The actions imposed in the student conduct process may include educational and disciplinary measures which are designed to contribute to the growth of the student and the welfare of the community. Because the primary goal of the student conduct process is educative, the process is informal and not to be considered analogous to court proceedings.

II. GENERAL INFORMATION

A. Authority and Jurisdiction

The Code of Student Conduct is recognized as the standard process for handling incidents of student misconduct. The Code is independent from and may be implemented in addition to any other university documentation, policies or processes which may exist and relates to matters of student behavior. This Code governs all students who are registered at Roosevelt University at all campus locations, including online, and applies to both on-campus and off-campus conduct. In particular, off-campus behaviors that may impact the University or educational environment in any way fall under this Code. All Codes of Student Conduct are in accordance with University Policies.

B. Code of Student Conduct and Public Law

Students continue to be subject to city, state, and federal laws while at the University and violations of those laws may also constitute violations of this Policy. In such instances, the University may proceed with disciplinary action under this policy whether or not civil or criminal proceedings have been instituted against the student and may impose sanctions for violations of the policy independent of any criminal or civil penalties that may be ordered. Any proceedings initiated through the University’s Code of Student Conduct will not be abandoned or withdrawn solely on the grounds that the criminal or civil charges have been dismissed or reduced, nor will the disciplinary proceedings be delayed pending the outcome of the criminal/civil charges.

C. Retaliation

Roosevelt University prohibits retaliation. Any inappropriate or unsubstantiated action taken or threatened against another individual because the individual has, in good faith, made an allegation or has participated in any manner with an investigation is prohibited.

III. CODE OF STUDENT CONDUCT DEFINED

Misconduct for which students are subjected to discipline includes, but is not limited to the following:

Academic dishonesty such as cheating, using unauthorized material on examinations, submitting the same paper for different classes without acknowledgement, the fabrication of information or making up sources, improper collaboration and plagiarism(*);

Forgery, alteration, or misuse of University identification, records, or documents, or knowingly furnishing false information to the University;

Obstruction or disruption of the learning environment, University community, or of other University activities or functions;

Physical altercations, intimidation, verbal abuse; conduct which threatens or endangers the health or safety of any person, including the use of social media in carrying out any of these behaviors or acts;

Harassment; verbal or written threats, coercion or any other conduct that by design, intent or recklessness places another individual in reasonable fear of physical harm through words or actions directed at that person, or creates a hostile environment in which others are unable reasonably to conduct or participate in work, education, research, living, or other activities, including but not limited to stalking, cyber-stalking, and racial harassment;

Smoking in all forms, including but not limited to cigarettes, e-cigarettes, hookah, cigars;

Theft of or damage to University property or the property of any other person;

Unauthorized entry to or use of University facilities;

Violation of University policies or campus regulations, including campus regulations concerning the registration of student organizations; the use of University facilities; or of the time, place, and manner of public expression;

Failure to comply with directions of University officials acting in the performance of their duties;

Conduct which adversely affects the student’s suitability as a member of the academic community;

Drug Violations:
a. Use, possession, manufacturing, distribution, or sale of marijuana, heroin, narcotics, or any other controlled substance which is prohibited by law; intentionally or recklessly inhaling or ingesting substances (e.g., nitrous oxide, glue, paint, etc.) that will alter a student’s mental state;
b. Use of a prescription drug if the prescription was not issued to the student, or the distribution or sale of a prescription drug to a person to whom the prescription was not originally issued;
c. Possession of drug paraphernalia, including but not limited to bongs, glass pipes or hookahs;

Alcohol Violations:
a. Underage possession or consumption;
b. Public intoxication; appearing at a University activity or on the University campus in a state of intoxication;
c. Driving under the influence of alcohol or other substance; operation of a motor vehicle while impaired or with a blood alcohol or breath alcohol level at or above the applicable legal limit;
d. Distribution or sale of alcoholic beverage to any person under 21;
e. Possession of common source containers, possession or use of kegs, mini kegs, beer balls or other common source containers of alcoholic beverages such as trash cans, tubs or similar containers of alcohol, when such possession or use occurs on campus, in the housing of any University organization or group, or in connection with a University activity; Excessive rapid consumption. Regardless of age of those involved, facilitating, arranging, or participating in any extreme alcohol consumption activity that constitutes, facilitates, or encourages competitive, rapid or excessive consumption of alcohol when such activity occurs on campus, in the housing of any University organization or group, or in connection with a University activity;

Hazing:

Roosevelt University acts in accordance with the Illinois Hazing Act.
a. Any action or situation that recklessly, by design or intent, endangers the mental or physical health or safety of a student for any purpose including but not limited to initiation or admission into or affiliation with any student group or organization. In such an instance, hazing occurs if an individual or group:
i. Causes or attempts to cause physical injury or other harm to a student including but not limited to emotional distress, or engages in any conduct which presents a threat to the student’s health or safety, which shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, alcohol, drug, or other substance, or other forced physical activity that could adversely affect the physical or physical and mental health or safety of the student, and any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced sexual conduct, and forced exclusion from social contact;
ii. Engages in an action or activity which has a tendency to or which is intended to demean, disgrace, humiliate, or degrade a student, which shall include but not be limited to, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student;
iii. Conduct that by design, intent or recklessness causes a student to be unable reasonably to pursue, or interferes with or attempts to interfere with a student’s academic schedule or performance; or causes, induces, pressures, coerces, or requires a student to violate the law or to violate any provision of University regulations;
b. In response to allegations of hazing under this regulation it is not a defense that:
i. The victim gave consent to the conduct;
ii. The conduct was not part of an official organizational event or sanctioned or approved by the organization;
iii. The conduct was not done as a condition of membership in the organization;

Obstruction or interference with the Conduct Process, including without limitation failure to appear at a hearing, failure to testify at a hearing, violating and/or failure to complete conduct sanctions;

The storage, possession, or use of firearms, fireworks, explosives, or weapons of any kind, including replicas or facsimiles, anywhere on campus; (Students who are deputized law enforcement officers and are legally qualified to carry firearms may do so while on-campus after checking in with security, and if their presence does not constitute a disruption as defined under Code #3);

The assistance or encouragement of others to commit violations of the Code or failure to report violations.

The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking conduct action against those students whose behavior off University premises constitutes a violation of this Code.

IV. SANCTIONS FOR THE VIOLATION OF THE CODE OF STUDENT CONDUCT

Discipline for violation of the Code of Student Conduct may include, but is not limited to:

Oral or written warning

Referral to University Office, e.g., Academic Success Center

Educational sanctioning

Restitution

Loss of privileges

Housing Reassignment

Probation of housing contract

Termination of housing contract

University Probation

Suspension from the University, a program or activity for a specific period of time

Denial of admission or readmission to the University or a University program or activity

Expulsion from the University, a program or activity on a permanent basis

In addition to the discipline listed above, violations of the Code of Student Conduct may result in criminal charges or civil complaints being filed. A violation of academic integrity may result in academic penalties or sanctions in addition to University sanctions.

V. PROCESS FOR THE RESOLUTION OF VIOLATION OF THE CODE OF STUDENT CONDUCT

A. Initiation of Complaints

Any person may file a complaint against a student for alleged violation of the Code. For incidents that do not happen in the Residence Halls, incidents may be reported in one of two ways: submitting a Misconduct Reporting Form or by filling out an Incident Report Form with Campus Security. It is encouraged to submit a complaint as soon as possible following an incident; however, complaints may be submitted at any time following an incident. In the case of incidents or reports within the Residence Halls, Residence Life staff members are responsible for taking the report and submitting it to be reviewed for conduct action.

B. Review by the Director of Student Conduct and Conflict Resolution

The director shall review any complaint and assign a case manager. The case manager will decide from the following methods of resolution including but not limited to:

In any method of resolution, the complainant, the accused, or witnesses may be requested to meet with the assigned case manager. For any method of resolution, students will be notified of meetings through an official delivery method of the University which will usually be the RU student email account. Failure to claim notification will not negate the student’s obligations under this procedure. It is the student’s responsibility to contact the case manager who sent her/him an email to set up an appointment with that case manager. The appointment needs to be set within three (3) business days after the notice has been sent, barring any scheduling difficulties with the case manager. Upon his/her discretion, the case manager may allow for more time if she/he is unavailable to meet within the three (3) business day period. It is the student’s responsibility to communicate immediately if the designated time will not work due to a legitimate reason. If the student fails to notify the case manager of any conflicts and/or fails to attend the meeting, the case manager may proceed with the Administrative Resolution process described below, and based upon the review of the complaint a decision may be made in absentia.

During the meeting with the accused student, she/he will be given the opportunity to present his/her personal version of the incident. The case manager will decide whether a Code has been violated after reading through all documentation and conducting all meetings.

The purpose of Conflict Management techniques is to address disagreements, arguments, or discord between students in a way that uses facilitated dialogue. Self-reflection will be encouraged in all sessions. Any student called to attend a Conflict Management session will be expected to participate fully and cooperate with the case managers requests. If a student does not attend the session or does not participate or cooperate, the student may be subject to an Administrative Resolution Meeting.

The purpose of an Administrative Resolution Meeting is to hear the side of the story of the accused. This meeting is more formal than the Conflict Management practices, but is still intended to be a learning experience. In no way is this process intended to mimic a court of law.

Before the Administrative Resolution Meeting takes place, the accused student may request to view the incident report which initiated the complaint. This request must be in writing to the case manager, and must be submitted at least 24 hours in advance of the meeting. A redacted copy of the incident report, meaning a version in which identifying information of any other participants or witnesses involved with the incident are removed, can be shown in a hard copy version during the meeting. The student may not keep a copy of this incident report.

Any student called to an Administrative Resolution Meeting may bring an advisor for support, however, the case manager must be notified at least 72 hours in advance, and the advisor may not participate in the meeting in any way. Students called to a meeting may be the complainant, the accused, or witnesses to the incident.

The case manager may at any time temporarily suspend, ban or deny re-admission to a student, pending final resolution, when the case manager, believes that the presence of the student on campus could seriously disrupt the University; constitute a danger to the health, safety or welfare of the University, its members or the student; or when the student’s conduct adversely affects the student’s suitability as a member of the academic community.

After facilitation of the Administrative Resolution Meeting, the case manager shall have the authority to act on the University’s behalf in determining whether a violation has taken place and imposing discipline if necessary. The case manager shall state the decision in writing to a student found in violation of the Code.

VI. APPEAL PROCESS

If a student is assigned discipline in the Adjudication/Administrative Resolution process, she/he has the right to appeal based on the following criteria:

New evidence can be submitted that was not available at the original Administrative Resolution Meeting

The sanction(s) are thought to be disproportionate to the violation(s)

The conduct process as described above was not followed

The student has seven (7) calendar days from the delivery of the decision and sanction to file an Appeal Form. The appeal should include a detailed description of why the appeal should be allowed based upon one or more of the criteria above. The original finding and any assigned discipline will stand during the appeal process.

All appeals will be sent to the Assistant Vice President for Student Development (*). She/he will assign an appeal officer to oversee the appeal process. This appeal officer may deny the request for an appeal if at least one of the criteria above is not met; if this is the case it will be communicated in writing. If an appeal is granted, the appeal officer will communicate this in writing. The appeal officer may use her/his discretion to resolve the appeal based solely upon the written documents from the Administrative Resolution Meeting and Appeal Form, or whether she/he would like to meet with only the accused, only the complainant, both parties of the incident, or witnesses. Upon completion of the appeal review, the appeal officer may make any of the following decisions:

Uphold the original decision and sanction(s)

Overturn the original decision; remove or reduce any sanction(s)

Assign additional sanctions up to and including dismissal from the University